Which federal law or regulation preempts state law?

Question

Options

• AHealth Insurance Portability and Accountability Act
• BControlling the Assault of Non-Solicited Pornography and Marketing Act
• CTelemarketing Sales Rule
• DElectronic Communications Privacy Act of 1986

• A
  83% (44)
• B
  11% (6)
• C
  2% (1)
• D
  4% (2)

Explanation

The Health Insurance Portability and Accountability Act (HIPAA) of 1996 is a federal law that regulates the privacy and security of health information in the United States. HIPAA preempts state laws that are contrary to its provisions, unless the state laws provide more stringent protections for health information. HIPAA establishes a floor of federal standards for health information privacy and security, but allows states to enact laws that are more protective of individuals' rights. For example, some states may require more specific consent from individuals before disclosing their health information, or impose stricter penalties for violations of health information privacy and security. HIPAA also provides exceptions for certain state laws that serve a compelling public interest, such as public health, safety, or welfare.

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